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2025 DAILYLAW 28892 (PAT)

Rupesh Kumar @ Roopesh Kumar v. The State of Bihar

CR. MISC./21047/2025 · 2025-04-23

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.21047 of 2025 Arising Out of PS. Case No.-1285 Year-2024 Thana- MADHEPURA District- Madhepura ====================================================== Rupesh Kumar @ Roopesh Kumar S/o Dayanand Yadav Resident of Village- Sahugarh, Bhagwanpur, Ward no. 12, P.S. and District- Madhepura (Bihar) ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Amarnath Jha, Advocate For the Opposite Party/s : Mr. Anil Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 23-04-2025 Heard learned counsel for the petitioner and the State. 2. Petitioner apprehends arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act. 3. As per the prosecution case, 33.75 liters illicit liquor was recovered from the house of petitioner. 4. Learned counsel appearing for the petitioner submits that no incriminating material has been recovered from conscious possession of the petitioner and he is no way connected with the aforesaid recovery. Petitioner has been made accused only on suspicion. Petitioner claims clean antecedent. 5. Learned A.P.P. for the State submits that 33.75 liters illicit liquor was recovered from the house of petitioner. He further submits that petitioner is not entitled to the privilege of Patna High Court CR. MISC. No.21047 of 2025(2) dt.23-04-2025 2/2 anticipatory bail in view of Full Bench decision of this Court rendered in the case of Ram Vinay Yadav vs. The State of Bihar reported in 2019(2) P.L.J.R. 1089 (F.B.). 6. Considering the aforesaid facts, anticipatory bail application of the petitioner is rejected. Navya/- (Prabhat Kumar Singh, J) U T